People v. Romero

Summary

The California Court of Appeal, Fifth Appellate District, affirmed the denial of Eved Vireles Romero’s petition for resentencing under Penal Code section 1170.95. The court held that Romero’s admission that he acted intentionally, deliberately, and with premeditation established his ineligibility for resentencing as a matter of law.

Holdings

1. A defendant who admitted, as part of a negotiated plea, that he acted intentionally, deliberately, and with premeditation in committing first degree murder is ineligible for section 1170.95 resentencing as a matter of law.
2. Romero's admission was binding because it was an admission to a charged enhancement allegation made as part of a negotiated plea, not an incidental statement made during the plea hearing.
3. The court did not need to decide whether the preliminary hearing testimony was properly considered because any error was harmless; Romero's plea admission independently established his ineligibility.

Questions Presented

1. Whether Romero's admission that he acted intentionally, deliberately, and with premeditation established his ineligibility for resentencing under Penal Code section 1170.95 as a matter of law.
2. Whether the trial court improperly engaged in factfinding by relying on the preliminary hearing transcript when summarily denying the resentencing petition.
3. Whether Romero was prejudiced by the trial court's failure to appoint counsel and permit briefing before denying the petition.

Disposition

affirmed